Bernard P Wolfsdorf
Immigration AttorneyIf you have a valid H-1B visa, you can travel abroad while the adjustment is pending.
I am on an H-1B visa and my dependents are on H-4. After filing my EB-5 petition and concurrently filing for adjustment of status, if any of us travels overseas, do we abandon any or all portion of change of status? Does traveling on an H visa abandon travel permit application, being a dual-intent visa? Or will it be rejected/considered abandoned regardless of visa class of travel?
If you have a valid H-1B visa, you can travel abroad while the adjustment is pending.
Traveling on H-1B or H-4 with visa to return is fine but then any pending advance parole filing will be denied. The permanent residency cases will continue.
H-visas are dual-intent visas. U.S. immigration law confirms that traveling internationally and returning in H-1/H-4 status (with valid H visa) does not cause the abandonment of the adjustment of status application, even if the travel occurs before advance parole permits are issued.